It is actually more common of a question than you may think, can you trademark a tattoo? The answer is yes, since under law, you can trademark words, name, symbols and just about anything, but it isn’t always cut and dry.
There are requirements that need to be met to trademark an image, like the artwork of a tattoo.
To trademark an image, it must be proved to be used to sell your product or be used as a way of branding your business. That means that the artwork you create, including a tattoo, could be used as your logo to represent your business. When you get a trademark for your image, it can prevent your competitors from stealing your artwork. Keep in mind that the same rules apply when it comes to getting a trademark for any image, it can’t be considered a generic image. It is always wise to consult with a patent attorney in Scottsdale before starting the trademark process.
A trademark for your tattoo may not always prevent others from getting a tattoo with similar artwork.
Just because you are able to trademark your tattoo, private citizens can still get a tattoo that is similar to the trademark image and it won’t impact anyone who previously got the tattoo. This doesn’t bother most artists because their main concern is someone taking credit for their artwork and turning it into a profit. But a trademark does protect your image from being used by other companies to promote their own business.
There have been some cases involving the artwork of tattoos in the spotlight.
Lawsuits surround tattoos are actually not that uncommon. Not long ago, famous athletes like Lebron James and Kobe Bryant sued the NBA2K video game because they recreated the players’ tattoos in the new game. The players said the game was trying to copy their artwork since the person who created the tattoo is actually the person who owns it.